Updated December 14, 2025
On-Call vs. Standby Pay in California: Which Pays More?
Are you spending hours waiting for your employer to call you in to work but unsure if you're entitled to on-call pay in California? The difference between on-call time and standby time isn't just legal semantics—it can mean thousands of dollars in your pocket.
While both situations involve waiting for work, they're treated very differently under California law. On-call time typically offers limited compensation for being available, whereas standby time often requires full pay because you're under your employer's control. The distinction ultimately comes down to how much freedom you have during your waiting time.
Whether you're a healthcare worker sleeping in a hospital on-call room, an IT professional carrying a company phone, or a utility worker waiting for emergency assignments, understanding these classifications is essential for ensuring you receive proper compensation. In fact, many California employees are underpaid for their waiting time because they don't recognize when they should be earning wages.
In this guide, we'll break down the legal differences between on-call and standby status, explain when you're entitled to compensation, and provide real-world examples to help you determine if your employer is complying with California labor laws. By the end, you'll know exactly which classification pays more and how to recover wages if you've been underpaid.
Understanding On-Call vs Standby Time in California
California law makes a crucial distinction between on-call time and standby time that directly impacts your paycheck. The difference isn't merely semantic—it determines whether you're entitled to compensation for hours spent waiting for work.
Definition of On-Call: Waiting to Be Engaged
On-call status means you're "waiting to be engaged" by your employer. The defining characteristic is freedom. Even though you must remain available if needed, you generally maintain significant control over how you spend your time [1]. Think of it as carrying a digital leash—you're tethered to work without being actively restricted.
Typical on-call arrangements include:
- Carrying a pager or keeping your phone on
- Providing a contact number where you can be reached
- Having flexible response time (usually an hour or more)
- Being able to leave home and conduct personal business
Essentially, on-call time exists when you can use your time relatively freely for personal activities despite needing to be available [1]. The employer doesn't significantly restrict what you can do, hence the term "waiting to be engaged."
Definition of Standby: Engaged to Wait
Standby status, conversely, means you're "engaged to wait." This classification applies when your employer exercises substantial control over your time, making it nearly impossible to use for personal purposes [1]. Your time becomes so restricted that it effectively belongs to your employer rather than you.
Standby characteristics typically include:
- Required presence on employer premises
- Strict geographical limitations on movement
- Short response times (typically 15-30 minutes)
- Significant restrictions on personal activities
Under California law, standby time at the work site must be compensated even if you're doing nothing but waiting [2]. Furthermore, courts have established that an employer can "hire a man to do nothing or to do nothing but wait for something to happen" [2].
Why the Distinction Matters for Pay
The financial implications of these classifications are substantial. On-call time may be unpaid if you're genuinely free to use your time for personal purposes. However, standby time—where employer control is significant—must be compensated at minimum wage or higher [3].
California courts apply specific factors to determine whether waiting time must be paid:
- Geographic restrictions on movements
- Frequency of calls and their disruptiveness
- Required response time
- Ability to trade on-call responsibilities
- Extent to which personal activities are possible
These factors come from legal precedents including Madera Police Officers Assn. v. City of Madera and Berry v. County of Sonoma [2]. No single factor is definitive—courts evaluate the total degree of employer control [4].
For instance, a nurse required to respond within one hour might be entitled to standby pay if this restriction prevents meaningful personal activities like attending a movie [3]. Alternatively, an employee merely required to carry a cell phone without strict response requirements might only receive compensation for actual time spent responding to calls [4].
The distinction primarily hinges on one fundamental question: Is your time truly your own? [1] If not, you're likely entitled to compensation under California's more protective labor laws.
The Legal Test of Control: What Courts Look At
When determining whether your waiting time qualifies as paid standby or unpaid on-call time, California courts apply a comprehensive "control test." This test examines several specific factors that reveal how much control your employer exercises over your time.
Geographic Restrictions: Must You Stay Nearby?
Courts primarily look at whether there are excessive geographical limitations on your movement during on-call periods. If you must remain within a small radius of your workplace, this suggests employer control. For instance, if you're required to stay within 15 minutes of your worksite, courts will likely determine you're entitled to compensation. Alternatively, being allowed to stay at home or move freely throughout town typically indicates less control and may not require payment.
Response Time Requirements: 15 Minutes vs 2 Hours
The required response time dramatically affects whether your on-call time is compensable. Short response windows, typically 15-30 minutes, suggest you're under employer control since such timeframes effectively prevent normal personal activities. Conversely, longer response times of 1-2 hours generally allow sufficient freedom to pursue personal interests and may not require compensation.
Frequency of Calls: Rare Interruptions vs Constant Alerts
Courts additionally consider how often you actually receive calls during on-call periods. Constant interruptions that make off-duty time essentially useless indicate employer control and generally require compensation. In contrast, rare, occasional calls that barely impact your personal time may not qualify for payment.
Ability to Use Time Freely: Can You Watch a Movie?
Perhaps the most important factor is whether you can effectively use your on-call time for personal activities. Courts specifically examine if you can attend movies, dine at restaurants, or engage in other normal activities without significant disruption. According to California's legal standard, the "trier of fact must examine the restrictions cumulatively to assess their overall effect on the worker's uncompensated time" [4]. This means looking at the net impact of all restrictions together.
Shift Swapping Flexibility: Can You Trade Duties?
Your ability to trade on-call responsibilities with coworkers notably influences compensation requirements. If you can easily swap shifts without negative consequences, courts view this as indicating less employer control. Nevertheless, if strict policies prevent shift trading or require extensive approval processes, this suggests greater employer control and may require standby pay.
On-Premises Requirement: Living at the Worksite
Requiring employees to remain on work premises or live at the worksite during on-call periods almost always necessitates compensation. This factor carries substantial weight in court decisions since it represents maximum employer control. The federal courts specifically cite "on-premises living requirement" as the first factor in their seven-factor test [5], underscoring its significance.
California courts apply these factors collectively rather than individually, meaning no single element determines compensability. As noted in Mendiola v. CPS Security, "none of these factors are dispositive, but greater restrictions to employee movement or time generally signal a greater degree of control" [6].
The bottom-line consideration remains the amount of control exercised by the employer. As one court summarized it: "The difference between on-call and standby status comes down to one fundamental question: Is your time truly your own?" [1].
When Are You Entitled to Pay?
Determining whether you're entitled to compensation for waiting time directly affects your paycheck. Understanding California's specific pay requirements is essential for employees working on-call or standby shifts.
Minimum Wage Rules for Controlled Time
Under California law, employers must pay for all "hours worked," defined as time when "an employee is subject to the control of an employer" [7]. Regarding controlled standby time, employers must pay at least minimum wage, although this rate can differ from your regular hourly wage [6].
Particularly important, on-call or standby time at the work site must be compensated even if you're doing nothing but waiting [7]. As one legal precedent states, "an employer, if he chooses, may hire a man to do nothing or to do nothing but wait for something to happen" [7].
For off-site waiting time, compensation depends on the level of employer control. Although employers can pay a different rate for controlled standby time, they must:
- Provide notice before the travel/waiting time begins
- Separately track this time
- List these hours and the applicable rate on each pay stub [8]
Overtime Eligibility: 40+ Hour Weeks
On-call hours classified as "hours worked" count toward your weekly total for overtime calculations. Accordingly, if you work 40 regular hours plus 10 hours of compensable standby time, you've accumulated 50 total hours, entitling you to overtime pay for those 10 extra hours [1].
A critical point often overlooked: all compensation paid for on-call time, whether controlled or not, must be included when calculating the "regular rate" used for determining overtime wages [6]. This means your overtime rate should reflect both your regular work rate and any different rate paid for on-call time.
Call-Back Pay: Guaranteed Minimum Hours
California provides additional protections through "call-back pay" requirements. Whenever you're called back to work after completing your regular shift or on your day off, you're entitled to a minimum of four hours' pay, provided:
- You weren't notified before completing your previous shift, or
- The work begins more than three hours after your shift ended [9]
This guarantee doesn't apply for consecutive call-backs within four hours or when the call-back occurs within four hours of your next shift [9]. In such cases, you receive payment only for actual hours worked.
Furthermore, if you're called in but work less than half your scheduled shift, "reporting time pay" rules require compensation for half your scheduled day (between two and four hours minimum) at your regular rate [10].
California vs Federal Law: Which Offers More Protection?
California consistently provides stronger protections than federal standards. The federal Fair Labor Standards Act (FLSA) generally considers waiting time compensable only when the employee cannot use the time effectively for personal purposes.
Unlike the federal approach, California law focuses on "employer control" rather than how an employee uses waiting time [11]. This distinction means many situations that wouldn't qualify for payment under federal law require compensation in California. For instance, even off-site waiting time can be compensable if employer control is substantial [1].
The practical result: California employees often receive pay for waiting time that would go uncompensated in other states.
Real-World Examples of On-Call and Standby Pay
California's on-call and standby rules vary dramatically across industries, creating distinct compensation patterns based on workplace demands and employee restrictions.
Healthcare Workers: Hospital On-Call Rooms
Surgical nurses and lab technicians frequently encounter complex on-call arrangements. Consider a Sacramento registered nurse required to remain within 10 minutes of the hospital during on-call shifts, unable to enjoy dinner with family or rest peacefully due to constant phone monitoring [12]. Courts typically classify such restricted time as compensable hours worked. Comparatively, clinic nurses with phone-carrying requirements yet freedom to travel might only receive pay for time actively responding to calls [12]. The presence of designated on-call rooms often signals standby status, as employees cannot effectively utilize this time for personal activities.
IT Professionals: Remote Access vs On-Site Response
Technical staff face varying levels of control based on response requirements. Systems administrators who must respond to critical alerts within five minutes experience greater restrictions than engineers checking messages periodically [13]. Response time represents the crucial dividing line—technicians required to stay within 10 miles of home, carry company phones, and respond within five minutes typically qualify for standby pay despite infrequent actual calls [13]. Alternatively, IT workers with one-hour response windows who can maintain normal activities typically receive compensation only for time spent actively addressing issues [1].
First Responders: Firefighters and Utility Crews
Firefighters operate under unique compensation structures, typically working 72-hour duty weeks within 28-consecutive-day cycles [14]. They receive overtime for hours exceeding 212 in this period, resulting in substantial additional compensation—in 2021, Unit 8 members received $358 million in regular pay plus $224 million in overtime [14]. Utility workers responding to emergencies likewise often qualify for standby pay when required to remain within short distances of service areas [1], reflecting the critical nature of rapid response requirements.
Security Guards and Coroners: Long Shifts On-Site
The California Supreme Court established precedent regarding security guards working 24-hour shifts, ruling that on-call hours constitute compensable time [15]. In Mendiola v. CPS Security Solutions, guards required to reside in worksite trailers with restrictions on visitors, pets, and alcohol were deemed entitled to pay for all on-call hours [15]. The court rejected federal standards allowing sleep time exclusion, confirming that guards under employer control throughout 24-hour shifts must receive full compensation [16], highlighting California's more protective stance toward worker compensation.
How to Recover Unpaid On-Call or Standby Wages
Discovering you've been underpaid for on-call time requires immediate action through established legal channels. California offers multiple pathways to recover these wages, depending on your specific situation.
Filing a Claim with the Labor Commissioner
The most straightforward approach begins with the California Labor Commissioner's Office. File your claim online, via email, mail, or in person [17]. Document everything—especially your work hours, response times, and geographic restrictions. The Commissioner typically schedules a settlement conference between you and your employer [17]. Should this fail to resolve the issue, a hearing follows where an officer reviews evidence and makes a determination [2]. Remember, claims must be filed within specific timeframes: three years for minimum wage and overtime violations [17].
When to Consider a Civil Lawsuit
Civil litigation becomes appropriate for complex cases or when seeking additional damages beyond unpaid wages. Through court action, you can potentially recover not just lost wages but also an equal amount in liquidated damages [18]. Civil lawsuits additionally provide access to more extensive discovery procedures and potentially higher compensation. Importantly, filing deadlines differ from administrative claims—consult an attorney to avoid missing critical deadlines.
Class Action Possibilities for Widespread Violations
If multiple employees face identical on-call payment violations, class action litigation might prove most effective. Recent cases like Mendiola v. CPS Security and Jimenez v. Allstate successfully achieved class certification for on-call work [19]. Class actions efficiently address systematic wage violations affecting numerous employees under similar circumstances. Courts frequently certify these cases when employers apply uniform on-call policies incorrectly [3].
Role of an Employment Lawyer in Your Case
Employment attorneys provide crucial guidance throughout recovery attempts. They evaluate claim validity, identify which hours qualify for compensation, and determine optimal filing strategies [3]. Attorneys moreover help gather evidence, calculate damages accurately, and represent you during settlement negotiations [3]. Their expertise becomes especially valuable given California's complex wage and hour regulations that differ substantially from federal standards [15].
Conclusion
The distinction between on-call and standby status clearly makes a substantial difference in compensation for California workers. Standby time undoubtedly pays more because it requires full compensation at minimum wage or higher rates when employers exercise significant control over your waiting time. Conversely, on-call arrangements might offer limited or no compensation when employees maintain genuine freedom during waiting periods.
Understanding your classification matters tremendously for your financial well-being. California courts examine multiple factors rather than any single element when determining compensability – geographic restrictions, response times, call frequency, ability to use time freely, and shift-swapping flexibility all play crucial roles in the overall assessment. The fundamental question remains: does your waiting time truly belong to you?
California consistently provides stronger worker protections than federal standards, particularly regarding waiting time compensation. This enhanced protection means many California employees qualify for paid waiting time that would remain uncompensated under federal law alone.
Different industries face unique challenges with on-call arrangements. Healthcare workers with strict proximity requirements generally receive standby pay, while IT professionals with longer response windows might only get paid for actual work performed. First responders often qualify for additional compensation due to their critical rapid response needs.
Workers who believe they've been misclassified or underpaid should take action promptly. Filing a claim with the California Labor Commissioner offers one pathway, while civil lawsuits present another option for more complex cases. Class actions might prove most effective when violations affect numerous similarly situated employees.
The financial implications of proper classification extend beyond basic wages to include overtime calculations and guaranteed minimum hours through call-back pay provisions. Knowing your rights regarding on-call and standby time ultimately ensures fair compensation for all hours worked under your employer's control. Your time has value – California law recognizes this fact through clear distinctions that benefit workers willing to advocate for their rights.
Call Setyan Law at (213)-618-3655 to schedule a free consultation.
